1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff Company is a company operating the installment financing business, which is entrusted by C Co., Ltd. (hereinafter “C”) with the business of installment financing, etc., and the Defendant Company is a company operating the business of selling and buying cars.

B. Around September 5, 2017, the Plaintiff Company received contact from D to the effect that “E applies for installment loans for used cars (GMW car) to be purchased from F,” and submitted to C the documents relating to the application for loans under the name of E transmitted by D.

C. Around September 6, 2017, Plaintiff Company remitted loans of KRW 15 million from C to the IF account in the H’s name that D requests. D.

Since then, it is confirmed that the ownership of the above BMW Motor Vehicle was not transferred in the name of E, C demanded the Plaintiff Company to pay for the loan to E, and on October 20, 2017, the Plaintiff Company subrogated for KRW 15 million for the loan under the name of E.

【Ground for Recognition: Unsatisfy Facts, Gap evidence 1, 2, 3, 5, 7

(i)each description and image of the court of first instance, D’s witnesses of the court of first instance, and J’s testimony and purport of the whole pleadings;

2. The parties' assertion

A. The Plaintiff Company’s assertion D, without considering the Plaintiff Company’s intention to carry out the automobile sales-related business, obtained loans from the Plaintiff Company, or embezzled loans to be used as the purchase price for automobiles for E, and thereby, the Plaintiff Company sustained damages by proxy for the loans of the Plaintiff Company E.

At the time of the instant case, D was an employee of the Defendant Company, and the Defendant Company bears the employer’s liability to compensate the Plaintiff for damages caused by the tort.

B. The evidence presented by the Plaintiff Company cannot be deemed as having committed a tort of fraud or embezzlement by the Plaintiff Company.

Even if D's tort is recognized, D's occurrence of this case.